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Schweizerisches Jahrbuch Fur Europarecht Annuaire Suisse De Droit Europeen 2011 2012
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Book Synopsis Schweizerisches Jahrbuch für Europarecht/Annuaire suisse de droit européen 2011/2012 by : Astrid Epiney
Download or read book Schweizerisches Jahrbuch für Europarecht/Annuaire suisse de droit européen 2011/2012 written by Astrid Epiney and published by . This book was released on 2012 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Domestic Courts and the Interpretation of International Law by : Odile Ammann
Download or read book Domestic Courts and the Interpretation of International Law written by Odile Ammann and published by BRILL. This book was released on 2019-11-11 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Book Synopsis Judicial Independence by : Carl Baudenbacher
Download or read book Judicial Independence written by Carl Baudenbacher and published by Springer. This book was released on 2019-01-30 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.
Book Synopsis Intellectual Property Ordering Beyond Borders by : Henning Grosse Ruse-Khan
Download or read book Intellectual Property Ordering Beyond Borders written by Henning Grosse Ruse-Khan and published by Cambridge University Press. This book was released on 2022-10-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together various perspectives to re-conceptualise IP protection beyond borders within a broader public international law framework.
Book Synopsis Schweizerisches Jahrbuch für Europarecht 2020/2021/ Annuaire suisse de droit européen (PrinPlu§) by : Astrid Epiney
Download or read book Schweizerisches Jahrbuch für Europarecht 2020/2021/ Annuaire suisse de droit européen (PrinPlu§) written by Astrid Epiney and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Schweizerisches Jahrbuch für Europarecht/Annuaire suisse de droit européen 2021/2022 (PrintPlu§). by : Astrid Epiney
Download or read book Schweizerisches Jahrbuch für Europarecht/Annuaire suisse de droit européen 2021/2022 (PrintPlu§). written by Astrid Epiney and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Schweizerisches Jahrbuch für Europarecht/Annuaire suisse de droit européen 2022/2023 by : Astrid Epiney
Download or read book Schweizerisches Jahrbuch für Europarecht/Annuaire suisse de droit européen 2022/2023 written by Astrid Epiney and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Schweizerisches Jahrbuch für Europarecht 2022/2023 Annuaire suisse de droit européen (PrintPlus: Buch inkl. E-Book). by : Astrid Epiney
Download or read book Schweizerisches Jahrbuch für Europarecht 2022/2023 Annuaire suisse de droit européen (PrintPlus: Buch inkl. E-Book). written by Astrid Epiney and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die dieser 20. Auflage des Schweizerischen Jahrbuchs für Europarecht zugrunde liegende Berichtsperiode war vom Angriffskrieg Russlands gegen die Ukraine sowie von der darauffolgenden Energie- und Migrationskrise geprägt. Vor diesem Hintergrund wird die Teilnahme der Schweiz am unionalen Besitzstand immer komplexer und die Einflüsse des EU-Rechts auf die Schweizer Rechtsordnung dürfen nicht unterschätzt werden.Bereits seit 20 Jahren ist ein zentrales Anliegen des Jahrbuchs die sowohl wissenschaftlich-theoretische als auch praxisbezogene Aufbereitung der Interaktion zwischen Schweizer Recht und Unionsrechtsordnung sowie die verschiedenen bilateralen Abkommen, um diese Entwicklungen sowohl Interessierten aus Verwaltung, Praxis und Wissenschaft als auch Studierenden zugänglich zu machen.La période couverte par cette 20e édition de l Annuaire suisse de droit européen a été marquée par la guerre d agression de la Russie contre l Ukraine ainsi que par la crise énergétique et migratoire qui en ont suivi. Dans ce contexte, la participation de la Suisse à l acquis de l Union est de plus en plus complexe et les influences du droit de l UE sur l ordre juridique suisse ne peuvent guère être sous-estimées.Depuis 20 ans déjà, l un des principaux objectifs de l Annuaire est de traiter des interactions entre le droit suisse et le droit de l Union ainsi que des différents accords bilatéraux, tant sur le plan scientifique et théorique que sur le plan pratique, afin de rendre les développements y relatifs accessibles aux personnes intéressées de l administration, de la pratique et de la science, ainsi qu aux étudiants et étudiantes.
Book Synopsis Schweizerisches Jahrbuch für Europarecht / Annuaire suisse de Droit européen 2003 by : Astrid Epiney
Download or read book Schweizerisches Jahrbuch für Europarecht / Annuaire suisse de Droit européen 2003 written by Astrid Epiney and published by . This book was released on 2004-10 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ideation, Conceptualization, Realization by : Sarah Leins-Zurmuehle
Download or read book Ideation, Conceptualization, Realization written by Sarah Leins-Zurmuehle and published by Buch & Netz. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The software industry is regarded as one of the most creative and dynamic industries in the world. At the same time, sheltering software through copyright and patent law has been a major point of contention for the past 40 years. This doctoral thesis aims to provide new insights to this discussion. Through the use of sociological methodology, it supplies the necessary basic scientific reasearch regarding how software is developed and commercialized nowadays. Based on these findings, it then legally evaluates to what extent copyright and patent law are able to reflect these structures and determines how an optimal protection scope for computer programs could look like today. This doctoral thesis on one hand offers novel insights and points of view on existing legal doctrines. It further acknowledges as well as legally qualifies some prevailing trends in the software industry, such as Scrum and continuous delivery, that have so far been largely unaddressed by copyright and patent law.
Book Synopsis Interpretation in International Law by : Andrea Bianchi
Download or read book Interpretation in International Law written by Andrea Bianchi and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Book Synopsis EU Renewable Electricity Law and Policy by : Tim Maxian Rusche
Download or read book EU Renewable Electricity Law and Policy written by Tim Maxian Rusche and published by Cambridge University Press. This book was released on 2015-12-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the current state of economic regulation of renewable electricity and explores the possibilities for future harmonized EU regulation.
Book Synopsis The Interpretation of International Law by Domestic Courts by : Helmut Philipp Aust
Download or read book The Interpretation of International Law by Domestic Courts written by Helmut Philipp Aust and published by Oxford University Press. This book was released on 2016-01-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper
Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Book Synopsis International Courts and Domestic Politics by : Marlene Wind
Download or read book International Courts and Domestic Politics written by Marlene Wind and published by Cambridge University Press. This book was released on 2018-07-12 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.
Book Synopsis Treaty Interpretation by : Richard K. Gardiner
Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Book Synopsis Green Trade and Fair Trade in and with the EU by : Laurens Ankersmit
Download or read book Green Trade and Fair Trade in and with the EU written by Laurens Ankersmit and published by Cambridge University Press. This book was released on 2018-12-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how EU law constrains the freedom of the EU, the Member States, and private bodies to adopt measures that seek to protect social and environmental interests abroad by placing conditions on production processes in other states. The permissibility of such process-based measures has been examined primarily within the World Trade Organization (WTO) context, but the challenges that they present are equally for the EU internal market system. Ankersmit identifies three core challenges posed by process-based measures from an EU law perspective: extraterritoriality, unilateralism and the competitive and democratic problems created by private rule-making. It examines these issues in the context of free movement, competition, public procurement, and EU tax law. This book will appeal to academics, policy makers and practitioners interested in trade and environment, the social impact of trade law, and European and international market regulation.
